Why we declared Gbagbo winner, by Ivoirien council

[NewsCaster]

SMARTING from months of criticism, the Constitutional Council of Cote d'Ivoire insisted at the weekend  that it was the highest body empowered by the country's constitution to vet provisional results declared by the  Independent Electoral Commission.

Also, the  Economic Community of West African States (ECOWAS)  has threatened to use force if Laurent Gbagbo refuses to resign.

West African military chiefs said they were on standby if called upon-although neighbouring countries appear a long way from agreement on using force to oust Gbagbo .

It is still unclear which African states would offer troops for a strike on Gbagbo, and several worry it could spark a civil war.

Diplomats at the weekend told The Guardian that it would take about 20,000 troops for the onslaught and wonder how the number could be raised especially with Ghana backing out of the plan to use force.

The United Nations (UN) and France, although have recognised Outtatara, they have however kicked against the use of military intervention as it could aggravate rather than alleviate the crisis.   

But Nigeria' s Chief of Defence Staff Oluseyi Petirin said the bloc was ready if called upon.

"We are ready, although we continue to prepare," Petirin said,  adding "If anyone thinks we are bluffing, so much the better - it is better to be underestimated."

Chief Justice of the Constitutional Council, Prof. Yao-Dre Paul, whose council presided over the voiding of some of the votes earlier declared for Alasanne Ouattara told some journalists in the country's capital that the verdict of the United Nations on the elections could not supersede the declaration of his council.

He gave further insight into his council's action: "In matters of election, the Constitutional Council has jurisdiction to check the lawfulness of electoral operations; to determine the eligibility of candidates, to settle ballot related claims and declare the final results. At the end of the second presidential ballot on November 28, 2010, Mr. Gbagbo Laurent, candidate of the Republic, duly filed petitions requesting the annulment of votes in some voting stations, pursuant to line 1 of article 60 of the Electoral Code as modified by the April 14, 2008 Decree No 2008-133 making adjustments to the same.

"At the end of November 28,  2010 elections, the Independent Electoral Commission turned over  to the Constitutional Council, a copy of the Vote Count Report with some evidentiary documents attached, within the following three days,  precisely on November 30 and December 1, 2010. However, on Wednesday, December 1, 2010 midnight, three days after the end of the ballot, the Independent Electoral Commission could neither make a general count of the votes, nor declare some provisional results due to a lock within its working. Article 59, line 2 of the Electoral Code, makes the Independent Electoral Commission declare the provisional results first then the Constitutional Council declares the final results last. As a regulatory body, the Constitutional Council brings redress to the shortcomings of the Independent Electoral Commission, and this insures the continuity of public institutions."

Noting that the Constitution of Cote d'Ivoire was supreme like those of other countries, he accused the  United Nations of taking sides and attempting to ascribe to itself powers that only the judiciary  of the country had.

He also called on his "ECOWAS brothers" to critically look at the consitutional angle to the issues and take a position that respects the sovereignty of the Ivoirien constitution.

Source: Why we declared Gbagbo winner, by Ivoirien council